Prawo dostępu do Internetu, prawo do niekorzystania z Internetu i prawo do bycia offline a prawo do prywatności – czy multiplikacja praw człowieka jest remedium na ich efektywność?

Abstract

The research objective of this study is to address the need for scientific interest in categories that are somewhat overshadowed by analyses dedicated to internet access, namely the categories of not using the internet and being offline, and their possible conceptualisation within the framework of the next human rights, in order to then refer to the longer history of human rights and the established status of the right to privacy. The leading research perspective is that of human rights, which has allowed important questions to be asked in the context of the intensifying phenomenon of the multiplication of rights. In this context, is moving towards a standardisation of the right to access the internet, the right not to use the internet and the right to be offline justified and, as such, is it confirmed in the axiologically conditioned protective function of law? Does the multiplication of rights not undermine the effectiveness of their protection mechanisms and obliterate the values underlying them and the scope of their protection? Should the well-established right to privacy shape the content of the right to access the internet, or on the contrary the right not to use the internet or the right to be offline, even if one wants to recognise them as having a postulatory character de lege lata?